Varn v. Ashbrook

An automobile was delivered to tbe purchaser thereof upon part payment and the execution of a contract reserving title to the automobile in the seller until the balance of the purchase price be paid, the amount being evidenced by promissory notes referred to in the contract of sale. The contract of sale and the notes were assigned to another and the contract of sale was referred to in the transfer as a mortgage. The notes were not paid and the assignee brought foreclosure proceedings on the contract of sale.

Pursuant to the statute on attachment proceedings the court ordered a sale of the…